Two W.Va. lawmakers say governor's stay-at-home order may violate Bill of Rights

CHARLESTON, W.Va. (WCHS/WVAH) – Two West Virginia lawmakers expressed concern that Gov. Jim Justice’s stay-at-home order issued amid the coronavirus pandemic may possibly violate the Bill of Rights.

Dels. Larry Kump, R-Berkeley, and Delegate Tom Bibby, R-Berkeley, said they believe the governor’s order may infringe on state residents’ rights when it comes to the right of assembly and association, according to a news release Tuesday from the state House of Delegates.

While the West Virginia Legislature currently is not in session, Kump and Bibby pledge to explore proposing changes to current state law to limit the governor's executive order authority. They suggest the consideration of more reasonable time limits on the scope and duration of executive orders, unless otherwise approved by a majority vote of the Legislature.

Justice and state officials have said the stay-at-home order is absolutely necessary to protect the health and safety of West Virginians. The state Department of Health and Human Resources reported that COVID-19 has been responsible for 26 deaths in the state and 914 people have tested positive for the virus.

Meanwhile, Kump noted that since his previous suggestion that grocery stores and other retailers provide their employees face masks when dealing with the public, Walmart now is implementing these health and safety procedures and taking other steps to ensure the well-being of their employees. He encourages all other West Virginia retailers to go and do likewise.